922.01 Definitions.
922.02 Euclid users, household waste sewer service charges.
922.03 Assessment and collection of delinquent accounts.
922.04 Outside users household waste sewer service charges and contracts.
922.05 Deposit and allocation of funds.
922.06 Extra loadings surcharges.
922.07 Pretreatment administration surcharge.
922.08 Sewer connections; water consumption billings; application for no charge status and charges based upon usage; fees.
922.09 Enforcement by legal action.
922.10 Remedy of City for nonpayment of sewer charges.
CROSS REFERENCES
Sewer connection deposits - see S.U. & P.S. 921.04
Fee for house sewer connections - see S.U. & P.S. 921.07
Fee for sewer extensions - see S.U. & P.S. 921.08
Fee for water main connections - see S.U. & P.S. 921.09
Obligation to pay sewer rental charges - see S.U. & P.S. 923.043
Industrial waste extra loadings surcharges - see S.U. & P.S. 923.046
Ohio Plumbing Code - see B. & H. Ch. 1738
The definitions set forth in Section 923.01, including without limitation the definitions of “sewage” and “director” are incorporated herein by reference the same as though fully rewritten at length.
(a) “Administrative charge” shall mean the costs of administering a contract or account including without limitation the cost of installation, maintenance, and reading of sewage or water consumption meters.
(b) “Capital charges” shall mean the capital and transportation charges or costs to install or construct equipment or improvements in the District's common collection and treatment facilities necessary to meet the effluent limitations and requirements of the district's NPDES permit, the law, the requirements of the OEPA and USEPA, and the consent decree, including engineering costs, construction costs, and interest and other ordinary and usual charges required to finance the engineering and construction.
(c) “MCF” shall mean 1,000 cubic feet, volume.
(d) “Operation and maintenance” shall mean those functions that result in expenditures during the useful life of the treatment works for materials, labor, utilities, and other items which are necessary for managing and for which such works were designed and constructed and “replacement” shall mean obtaining or rebuilding and installing equipment, accessories, or appurtenances which are necessary during the useful life of the treatment works to maintain the capacity and performance for which such works were designed and constructed.
(e) “Ordinary household waste” or “OW” shall mean sewage with loadings not in excess of those for which the District's waste water treatment facilities were designed to accept, that being OW having concentrations or loadings not in excess of 250 mg/liter (“mg/l”) of suspended solids (“SS”), 185 mg/l of biochemical oxygen demand material (“BOD”), 9 mg/l Phosphorus (“P”), and 50 mg/l of oil and grease (“O&G”).
(f) “User charge” shall mean that portion of the total waste water service charge which is levied in a proportional and adequate manner for the cost of operation, maintenance and replacement of the waste water treatment works and includes costs without limitation the costs attributable to operation and maintenance of the District's waste water treatment plant facilities and shared collection system and for replacement of the components thereof, e.g., pumps and meters, having a shorter service life than the facility it serves and specifically includes the cost of installing, maintaining and replacing or rebuilding the sewer flow meters by the District to measure the flow at the District's collection and treatment facilities.
(Ord. 112-2000. Passed 5-15-00.)
There are hereby established rates and charges of rental from and after January 1, 2024, to be paid to the City for the use of the system of sewerage or sewage treatment or disposal works by every person, firm or corporation whose premises in the City are served by a connection with the system of sewerage of the City, which charge of rent shall be in addition to the revenue received from general taxes for sewer maintenance.
(a) Every person, firm, or corporation having premises in the City served by a connection with the present system of sewerage in the City, whereby the sewage or industrial wastes are disposed of by the City, either through the facilities of the sewage treatment and sewage disposal works of the City, or as otherwise arranged by the City, hereinafter referred to as “Euclid Customers” shall pay a sewer rental charge for the collection and treatment of ordinary household waste (“OW”), based upon the quantity of meter water used in or upon such premises for each 1,000 cubic feet of water or less measured through any one water meter as provided in Table A, attached to Ordinance 133-2023 and incorporated herein, whether such water is derived from a source other than the City water supply or all or any part of such water is furnished to said premises without charge. Billings shall be at least quarterly and shall include an additional administrative charge for the cost of meter reading and billing.
(b) The sewer rental charge established herein from and after January 1, 2024, shall be payable quarterly with the regular water bill received by such person, firm, or corporation at the office of the Division of Water and Heat, in the Department of Public Utilities of the City of Cleveland and shall be not less than 1,000 cubic feet per quarter, plus the pro rata administration cost for paying meter reading and billing charges as determined by the Mayor, and shall be payable at the same time as water bills are payable in the district in which the property is located and the sewer rental charge may be shown as a separate item on the same paper which shows the water bill as the City of Cleveland Director of Public Utilities may elect; and out of the proceeds collected the City of Cleveland shall be authorized to withhold an amount as justified to the City of Euclid for collection expenses.
(c) In addition to the rates contained herein, and by separate legislation adopted by the Council of the City of Euclid, the rate billed shall include incremental amounts for the repair and replacement of the local sewer collection system within the City, known as the Peterson Fund, and for incremental amounts necessary for street resurfacing and repair of streets and appurtenances in connection with waterline replacement and repair within the City, known as the Waterline Fund.
(Ord. 112-2000. Passed 5-15-00; Ord. 32-2012. Passed 3-26-12; Ord. 157-2012. Passed 10-15-12; Ord. 109-2022. Passed 10-3-22; Ord. 133-2023. Passed 12-4-23.)
Every sewer rental charge which has become due and payable and has remained unpaid for more than thirty days prior to the first day of July each year, shall be certified by the Director of Public Service to the Director of Finance of the City, who is hereby authorized and empowered to certify the same which remain uncollected as of September, to the Auditor of Cuyahoga County, Ohio, on or before the second Monday in September of each year, together with a pertinent description of the premises to which the sewer rental charge has been made and the amount so certified shall be placed by the Auditor of Cuyahoga County on the tax duplicate, to be collected as other taxes are collected.
(Ord. 112-2000. Passed 5-15-00.)
(a) The Mayor is hereby authorized to contract for or otherwise charge and collect the following rates hereby established as sewer rental charges from and after January 1, 2024, to be paid to the City for the use of the system of sewerage or sewage treatment or disposal works by every person, firm, or corporation whose premises lies outside the limits of the City which are served by a connection with the system of sewerage in the City, hereinafter referred to as “Outside Users,” which charge shall be as provided in Table A attached to Ordinance 133-2023 for the identified Outside User Communities.
(b) In addition, the Mayor is hereby authorized and directed to contract for or otherwise charge and collect from said outside users for disposal of sewage, all administration charges as determined by the Mayor, specifically attributable for meter reading, billing, maintenance, and transportation to any particular outside user or the maintenance of the account therefor. All monies received pursuant to this section shall be deposited, applied, and utilized the same as specified in Section 922.02.
(c) Provided further, however, that from and after January 1, 2024, the terms of contracts heretofore specifically authorized by Council shall be given full force and effect except to the extent that the rates charged therein were inadequate and modified by ordinance to meet the rise of costs for necessary operation, maintenance, replacement, capital improvements, and operating capital respecting the sewage treatment or disposal works. The Mayor is hereby empowered to establish charges reflecting credits for lump sum account payments made pursuant to rate dispute settlements, if any, under such contracts and charges equivalent to incremental charges stated on a basis of water consumption in terms of sewage metered on the basis of 1,000 gallon units or otherwise in accordance with past billing procedures or where otherwise determined necessary.
(d) Such contracts with outside users shall limit the quality and quantity of the sewage flow to be accepted to that of ordinary household waste in such daily volumes as shall not exceed in the aggregate, including sewage flow from Euclid users, the capacity of the waste water treatment facilities or the capacity of sewer lines within the City as determined by the Director. The Director shall give deference and preference to the communities having long standing and continuing arrangements and contracts with the City and the volumes historically received therefrom.
(e) No industrial waste shall be accepted from any outside community except pursuant to individual industrial user permits to be applied for by the actual industrial user and issued directly by the City pursuant to Chapter 923 of the Codified Ordinances.
(f) Satellite Sewer Discharge Control Program (“SSDCP”). The Mayor is hereby authorized to contract and amend contracts with outside user communities as necessary to implement the SSDCP mandated by the City's NPDES Permit issued effective April 1, 1996, requiring monitoring, reporting, and operation under the supervision of a State Certified Operator's License for each outside user community collection system and authority to require that the maintenance crews of each outside user community will either include supervision by a properly licensed staff person to implement the community discharge permit regulations or will submit to supervision for these purposes to properly licensed staff personnel of the City and pay the cost therefor as determined by the Mayor.
(Ord. 112-2000. Passed 5-15-00; Ord. 115-2006. Passed 6-5-06; Ord. 32-2012. Passed 3-26-12; Ord. 157-2012. Passed 10-15-12; Ord. 109-2022. Passed 10-3-22; Ord. 133-2023. Passed 12-4-23.)
Monies received from the collection of the sewer rental charge authorized by this chapter shall be deposited daily with the Director of Finance of the City, who shall keep a separate and distinct fund and account to be known as “General Sewerage and Operating Fund.” Increments collected for user charge, capital charge or other specific purposes shall be so paid or transferred to the appropriate account within the enterprise fund for the waste water treatment plan. Otherwise, such fund shall be available for the payment of debt service and of the cost of management, maintenance, operation, and repair of the sewerage system and sewage pumping, treatment, and disposal works, and any surplus in such fund in excess of any unencumbered working capital in such amount determined reasonable by the Finance Director in accordance with sound accounting procedures may be used for the enlargement, rebuilding, or replacement of the same. Of the monies collected, transferred, or retained for user charge purposes, the sum of five hundred thousand dollars ($500,000) shall be transferred or deposited to the “Replacement Fund” annually pursuant to the need projections and recommendations of the 1995 “Wastewater Treatment Plant Equipment Evaluation Study” by Michael Benza and Associates, Inc.
(Ord. 112-2000. Passed 5-15-00.)
For each billing period where applicable, the extra loading surcharge (“ELS”) provided by Chapter 923 and Section 923.046 shall be charged and billed directly to each respective industrial user liable for such charge by the Director. Where extra loadings are substantially uniform over the billing period in question in the opinion of the Service Director, the Director may charge and bill the ELS using an extra loading surcharge rate (“ELSR”) which shall be equal to the ordinary household waste (OW) volume rate or sewer rental fee applicable to the industrial user for operation, maintenance, and replacement (“R”) during the period in question multiplied by the sum of fractions by which the loadings exceed the OW loadings multiplied by the budget fraction factors attributable to each of such loadings, to wit: 30.1% for SS; 58.5% for BOD; 4.1% for P; and 0.4% for O&G. The Service Director may also arrange to have such charge included and combined with OW billings if the excess loadings are substantially uniform and recurring in the opinion of the Director. Provided further, however, that the Director shall periodically audit all ELS billings and then charge and bill the respective user an ELS adjustment charge equivalent to the amount by which the ELS computed on a cost per pound basis exceeds the ELS collected using the ELSR billing method, if any.
(Ord. 112-2000. Passed 5-15-00.)
Pursuant to Section 923.05(c), the Director shall charge industrial users discharging into the City's sewer system pursuant to industrial user permits wheresoever located at the rate of $0.665/MCF of water consumption for costs of administration, regulation, monitoring, and testing under the pretreatment program of the City and such other and further charges for costs incurred as the Director shall determine are in excess of the charges received from such billings.
(Ord. 112-2000. Passed 5-15-00.)
(a) No person, firm, or corporation wheresoever located inside or outside the City shall connect a sewer directly or indirectly to the sanitary sewer system of the District without first securing permission of the Director, which shall be conditioned upon a determination that such connection will not overload the waste water treatment facilities of the District, cause the District to be in violation of the District's NPDES permit, or cause basement backups, flooding, or other disruption of sewer lines within the City.
(b) No Euclid user or user in any community having a contract for sewer service to be paid on the basis of water consumption shall have a “no charge status” or direct billings of sewer service charges based upon usage or sewage metered except upon approval of an application therefor by the Director. For purposes of this section “no charge status” shall mean recognition by the Director that liquid wastes emanating from the premises located in the service area of the system do not enter the City facilities and no sewer service charge should be made therefor.
(c) Except as otherwise provided by specific ordinance provision, such permission, status, or billing method shall not be secured except upon application on forms approved by the Director, together with the payment of a non-refundable fee of three hundred dollars ($300.00), which fee shall be charged for each single family unit newly connected whether connected individually or collectively, plus the cost of any necessary engineering services required and incurred by the Director to make the determinations required by this section, all pursuant to the regulations adopted by the Director which shall have the force and effect of an ordinance. The new connection fee for commercial, industrial, and other non-residential structures shall be three hundred dollars ($300.00) for each estimated 400 gallons of average daily flow, the volume Environmental Protection Agency design flow volume value per single household, plus the cost of any necessary engineering services required and incurred by the Director to make the determinations required by this section, all pursuant to the regulations adopted by the Director which shall have the force and effect of an ordinance.
(d) Homestead Exemption Discount. A discount not to exceed forty-five percent of the total annual capital charges included in the sewer service billings shall apply to all Euclid residents who qualify for a homestead exemption by reason of being permanently and totally disabled, sixty-five years of age and older, or otherwise as provided by law and who have applied for and received the homestead exemption status and discounts allowed by the Cleveland Water Department. The Mayor may apply the discount by a uniform reduction on all billings or by a reduction of not to exceed forty percent on any single quarterly bill. The Mayor is also authorized to enter into agreements to extend the homestead exemption credit to residents of the outside user communities who are similarly qualified.
(e) Residential Summer Sprinkling Program. A residential summer sprinkling program is hereby established in accordance with the following provisions:
(1) Definitions. Wherever they are used in this section, the meaning of these terms shall be as defined in this section as follows:
A. “Summer residential sprinkling user charges (SRSUC)” shall mean the vehicle by which the District shall assess sewer service charges to eligible residential users defined in this chapter.
B. “Summer billing period” shall mean the period between May 1 and September 30, inclusive.
C. “Winter billing period” shall mean the period between October 1 and April 30, inclusive.
D. “Eligible user” shall mean any owner occupied one, two, three, or four family residences within the Euclid Sewer District where sewer service charges are based upon water consumption. Residences in communities whose sewer service charges are based upon sewer meters are not for the SRSUC.
E. “Winter billing period usage” shall mean the calculated daily consumption during the winter billing period.
(2) Summer residential sprinkling user charges. Upon receipt of a timely application submitted therefor, the Service Director shall provide summer sprinkling user charges to eligible users. These charges shall be provided by basing the sewer charges during the summer billing period on the smaller of either the actual water consumption or a calculated consumption based upon winter billing period usage.
(3) Application for summer residential sprinkling user charges. An application for summer residential sprinkling user charges must be made by an eligible user via the application provided by the District and shall be in such form and contain such information as required by the Service Director. A one time ten dollar ($10.00) fee shall be required for said application, and the charges will continue from year to year unless otherwise cancelled according to the provisions of this chapter.
(4) Removal from summer residential sprinkling user charges. Upon the change of ownership of any property or the conversion of owner occupied property to rental property, that property’s summer residential sprinkling user charges will be cancelled. A new application and a ten dollar ($10.00) fee must be submitted by any subsequent eligible user. Additionally, summer residential sprinkling user charges shall be cancelled due to errors or falsifications on the application.
(5) Establishing program. The Mayor and/or Service Director are hereby authorized to enter into agreements with the Cleveland Water Department and Lake County Water Department to create the necessary software for programming winter averaging and establishing summer residential sprinkling user charges and the Finance Director is hereby authorized to pay for such programming from the General Sewage Operating Fund pursuant to ordinances to be adopted approving such agreements. At such time and to the extent that software programming necessary to apply the regulations is in place, eligible users may apply to the Service Director on applications pursuant to the regulations adopted by the Director which shall have the force and effect of an ordinance.
(Ord. 112-2000. Passed 5-15-00; Ord. 63-2002. Passed 4-1-02.)
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